DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
70-510
WASHINGTON DC 203 0 REC
Docket No: 00636-0609
7 December 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the United
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your :
application on 3 December 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
x
On 20 October 1980, you reenlisted in the Navy after four years
of ,Fhonorable gervice. On 2 February 1981 you received
-nonjudicial puhishment (NOP) for a period of unauthorized absence
(UA) of seven days. You were awarded a forfeiture of $150, a
reduction in pay grade and 30 days restriction. Additionally*,
you were given a counseling warning concerning your misconduct,
and warned that further deficiencies could result in separation.
On 15 August 1985, you received an additional NUP for being UA
for 64 days and missing the movement of your ship. Based on
these incidents, administrative discharge action was initiated to
separate you by reason of misconduct and commission of a serious
offense. You elected to consult counsel and have your case heard
before an administrative discharge board (ADB).
On 30 August 1985, the ADB unanimously recommended separation
with an other than honorable discharge by reason of misconduct.
On 17 October 1985, the discharge authority directed an other
than honorable discharge by reason of misconduct due to the
commission of a serious offense. On 18 October 1985, you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable discharge, and overall record of your last period of
service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
based on your two NUP’s. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request...
The Board believes that you may eligible for veterans’ benefits
that accrued during your first period of service. Whether or not
you are eligible for benefits based on this period of service is
a matter under the cognizance of the Department of Veterans
Affairs (DVA). If you have been denied benefits, you should
appeal that denial under procedures established by the DVA. I
have enclosed a copy of your DD 214 that covers your first period
of service.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a -
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
'
boone
W. DEAN PF
Executive | to
Enclosure
NAVY | BCNR | CY2009 | 12426-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 December 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. On 12 August 1987, the discharge authority directed an other than honorable discharge by reason of misconduct due to commission of a serious offense.
NAVY | BCNR | CY2008 | 04581-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 February 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your service due to the seriousness of...
NAVY | BCNR | CY2009 | 05417-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 REC Docket No: 05417-09 27 October 2009 This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10 of the United States Code, section 1552, A three-member panel of the Board for Correction of Naval ‘Records, sitting in executive session, considered your - application on 7 October 2009. Documentary material considered by the Board...
NAVY | BCNR | CY2008 | 04122-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 January 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. On 8 June 1985, the separation authority approved the discharge recommendation and directed a general discharge by reason of misconduct due...
NAVY | BCNR | CY2008 | 12365-08
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. On 23 March 1985, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error...
NAVY | BCNR | CY2010 | 06072-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 March 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of...
NAVY | BCNR | CY2009 | 02392-09
RK three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 February 2010. Documentary material congidered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. On 23 March 1988 you received NUP for two periods of UA totalling two days, failure to obey a lawful order, and four periods of absence from...
NAVY | BCNR | CY2013 | NR2510-13
A three- member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 March 2014. You were "80 discharged .On 29 October 1992. , Ce The Board, in its review of your application, carefully weighed all potentially’ mitigating factors, such as your record of service, post service accomplishments, character letters, and desire to upgrade your discharge. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2008 | 06046-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 March 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of...
NAVY | BCNR | CY2008 | 02235-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 October 2008. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of...